JUDGMENT

VISHWAJITH SHETTY J. - This intra court appeal has been filed by the unsuccessful petitioners challenging the order dtd. 15/6/2022 passed by the learned Single Judge of this Court in W.P.No.14932/2021.

2. Brief facts of the case as revealed from the records are, one Basavalingaiah had five children viz., Basavaiah, Rathnamma (appellant no.1), Nagamma, Gowramma (mother of respondents 5 & 6) and Shanthamma (respondent no.4.). The daughters of Basavalingaiah had instituted a suit for partition in O.S.No.788/1989 in respect of five items of agricultural lands against their brother Basavaiah. Smt. Nagamma who was originally one of the plaintiff in O.S.No.788/1989 was subsequently transposed as defendant no.2 in the said suit. O.S.No.788/1989 was decreed on 11/11/1993 and the plaintiffs and defendants were held entitled for 1/5th share in the schedule properties. As against the judgment and decree passed in O.S.No.788/1989, defendant no.1 - Basavaiah had filed R.A.No.1/1994, which was dismissed on 23/1/2022 and the Regular Second Appeal filed by him in R.S.A.No.327/2002 was also dismissed on 10/12/2007. Therefore, the preliminary decree passed in O.S.No.788/1989 had attained fina